32GCApproval by supervising authority

32GC Approval by supervising authority

32GC Approval by supervising authority

(1) The supervising authority may approve the making of an application to the Registrar or a registering authority for registration of a change of sex of a restricted person only if the supervising authority is satisfied the change of sex is necessary or reasonable.

(2) The supervising authority must not approve the making of an application to the Registrar or a registering authority for the registration of a change of sex of a restricted person if the supervising authority is satisfied—

(a) the change of sex would, if registered, be reasonably likely to—

(i) adversely affect the security, discipline or good order of premises or a facility at which the restricted person is held or accommodated, or

(ii) jeopardise the restricted person’s or another person’s health or safety, or

(iii) be used to further an unlawful activity or purpose, or

(iv) be used to evade or hinder the supervision of the restricted person, or

(b) the proposed change of sex would be reasonably likely to be regarded as offensive by a victim of crime or an appreciable sector of the community.

(3) The supervising authority for a restricted person who is a forensic patient and a person referred to in section 32GA(1), definition of restricted person, paragraph (a)(i)–(v) must not approve the making of an application to the Registrar or a registering authority for the registration of a change of the person’s sex unless—

(a) the supervising authority has consulted with the Commissioner of Corrective Services, and

(b) the Commissioner has given concurrence.

Note—

The supervising authority for all forensic patients is the Mental Health Review Tribunal.

(4) Subsections (1) and (2) apply to a determination of the Commissioner of Corrective Services about whether to give concurrence in the same way as the subsections apply to a determination of a supervising authority about whether to give approval.

(5) If the supervising authority approves the making of an application to the Registrar or a registering authority for the registration of a change of sex of a restricted person, the supervising authority must—